Transcript File

Section 5.3
Approving the Constitution
I. Introduction
A.
B.
C.
October 1787, Madison wrote
to Jefferson that creating the
Constitution was a miracle.
Nine States would have to
approve it for it to go into
affect
Ratification would be done by
special state conventions with
delegates elected by the
people
I. Introduction (cont)
U.S. Constitution
Article VII
The Ratification of the
Conventions of nine
States, shall be sufficient
for the Establishment of
this Constitution between
the States so ratifying the
same
Articles of Confederation
Article XIII
. . . And the Articles of
Confederation shall be
inviolably observed every State,
and the Union shall be
perpetual; nor shall any
alteration at any time be
hereinafter be made in any of
them; unless such alteration be
agreed to in a Congress of the
United States, and be
afterwards confirmed by the
legislatures of every State.
II. The Federalists
A.
Supporters of ratification were called the Federalists
1. Tried to convince people that the Constitution would create a
more effective government, not an all-powerful one.
2. Federalist Papers
a. Madison, John Jay, Alexander Hamilton
3. Series of newspaper articles explaining how the Constitution
would work
a. Unite quarreling States
b. Would not threaten liberty, power of gov. is limited
c. States would make most decisions affecting people’s
lives
d. Power would be divided between three branches
each keeps the other two from abusing.
II. The Federalists (cont)
Alexander Hamilton
Born: January 11, 1757 in Nevis, British
West Indies
Died: July 12, 1804
• Lieutenant colonel in Continental Army
• Secretary and Aide-de-camp to Washington
• Member of Continental Congress (1782-83, 1788)
• Delegate to Constitutional Convention
• Part author of The Federalists
• First Secretary of the Treasury (1789-95)
• Inspector General, U.S. Provisional Army
II. The Federalists (cont)
John Jay
Born: 1745 in New York
• Noted lawyer
• Member of Continental Congress
• Minister to Spain 1780-1782
• Participated in peace talks in Paris
(insisted that Colonies be treated as
United States)
• Co-wrote The Federalists
• Named Chief Justice by George
Washington
• Governor of New York
III. The Anti-Federalists
A. People who opposed ratification of the
Constitution
B. Arguments against ratification
1. National Government would have too
much power over states
2. New taxes
3. No bill of rights
4. Tyranny
Patrick Henry
(1736-1799)
• Born in Virginia, father was
a tobacco farmer who taught
Patrick the classics and how
to read Latin
• Owned store, tried farming
and eventually became a
lawyer
• Elected to House of
Burgesses in May of 1765
• Fought against Stamp Act
and became outspoken critic
of the English King
• Led Virginia’s delegation to
the First Continental
Congress
“Is life so dear, or peace so sweet, as to
be purchased at the price of chains and
slavery? Forbid it, Almighty God! I know
not what course others may take; but as
for me, give me liberty or give me death!"
Patrick Henry
(1736-1799)
• Help write a new Virginia
Constitution and a Virginia
Declaration of Independence,
written before the “United
States” declaration of
Independence
• Elected Governor of Virginia in
1776
• Retired from politics in 1779
• Elected governor a second time
in 1784
• Declined to attend
Constitutional Convention
Patrick Henry
(1736-1799)
• Opposed Constitution because
he feared it would consolidate
the power of the states in one
federal government. He also
questioned whether convention
was legal under Articles of
Confederation
• Voted against ratification
• Died in 1799
Richard Henry Lee
(1732 – 1794)
• Born in Stratford, Virginia
• Great-grandfather. Richard Lee,
was Attorney General and
Secretary of State of Virginia
and a member of king’s council.
• Father, Thomas Lee, served in
the Virginia House of
Burgesses and as acting
Governor.
• Educated by private tutors and
at the Wakefield Academy
• Became lawyer
• Served in House of Burgesses.
• Opposed stamp tax
Richard Henry Lee
(1732 – 1794)
• During stamp tax crisis said that
Parliament was akin to an “iron
hand of power”
• Helped form boycotts against
England
• Supported committees of
correspondence.
• In 1774, along with Thomas
Jefferson called for a day of
fasting and prayer in protest of
closing of Boston harbor
• Elected to the First Continental
Congress
• June 1776, proposed resolution
declaring American
independence
“Resolved, That these United Colonies
Are, and of right ought to be, free and
Independent . . .”
Richard Henry Lee
(1732 – 1794)
• Along with brother, Francis
Lightfoot Lee, signed
Declaration of Independence
• President of United States,
under Articles of
Confederation, from 1784 and
1785
• Declined seat at Constitutional
Convention
• Feared that passage of
Constitution would lead to
tyranny or civil war
• Felt that strong government
would lead to elective
despotism
“The good people of the U. States in their
Late generous contest, contend for free
Government, in the fullest, clearest sense.
That they had no ideas of being brought
Under despotic rule under the notion of
‘Strong Government’ or in form of elective
Despotism rule: Chains being still chains
Whether made of gold or iron.”
Richard Henry Lee
(1732 – 1794)
• Wrote anti-federalist response
to Constitution, Letters from the
Federal Farmer to the
Republican
• Wanted a bill of rights and
suggested that Virginia secede
if not passed
• His cousin was Lighthorse
Harry Lee, father of Robert E.
Lee
• Elected to Senate under
Constitution but resigned when
his health failed
• Died 1794
IV. The Massachusetts debate
A.
B.
C.
By early 1788 Delaware, Pennsylvania, New Jersey,
Georgia and Connecticut had ratified
People of Massachusetts were fearful of powerful
government
Federalists looked to the governor, John Hancock, for
support
1. Promised Hancock support for vice-president
2. Promised Bill of Rights
3. Governor Hancock threw his support behind the
Constution
4. Ratification passed 187 to 168
V. Ratification at Last
A.
B.
C.
D.
E.
In June of 1788, Constitution officially approved when the ninth
state, New Hampshire, voted to ratify
Government stood little chance without Virginia and New York
1. 40 percent of population
2. Promise of a Bill of Rights finally swayed them
3. Virginia ratified by 89 to 79 vote
4. New York ratified by 30 to 27
By late 1788 every state but Rhode Island ratified, RI ratified 1790
Elections were held for first Congress
Electoral College met and elected George Washington President and
John Adams Vice President.
VI. The Bill of Rights
A. 1789, Representative James Madison put
forth a list of 12 Amendments to the
Constitution to form a bill of Rights
1. Three-fourths of states must ratify an amendment
2. States ratified 10 of 12 which form the Bill of
Rights
B. Bill of Rights guarantees our most
cherished freedoms
B. Bill of Rights guarantees our
most cherished freedoms
1. Speech
2. Press
Doesn’t protect obscenity, defamation, incitement to
crime, and fighting words, as well as harassment,
privileged communications, trade secrets, classified
material, copyright, patents, military conduct,
commercial speech such as advertising, and time,
place and manner restrictions.
Freedom of Speech Issues
B. Bill of Rights guarantees our
most cherished freedoms
2. Press
Doesn’t protect obscenity, defamation, incitement to
crime, and fighting words, as well as harassment,
privileged communications, trade secrets, classified
material, copyright, patents, military conduct,
commercial speech such as advertising, and time,
place and manner restrictions.
B. Bill of Rights guarantees our
most cherished freedoms
3. Assembly
Groups can exclude people who don’t support their
point of view
B. Bill of Rights guarantees our
most cherished freedoms
4. Worship
The government can pass laws that are neutral but
incidentally impact certain religious practices
B. Bill of Rights guarantees our
most cherished freedoms
5. Trial by Jury
6. Prohibits government from
taking “life, liberty or property
without due process of law”
C. Strong barrier to ensure our rights